My Husband gave me a separation agreement 1 month ago . I am broke . I told him I need time . every week I hear from his atty and in the last email was given till the 11th to negotiate with them or tell them who my atty is. I cannot retain an atty but did make an appt for one on the 12th . I told my husband and he is saying I have till the 11th and he is filing with the court ," the judge will sell everything and you will lose everything "
I am ready to move forward with mediation now once I see an atty for direction and have found one that will work with me hourly as a consultant but not communicate with husbands lawyer . One problem he is in a different county but I cannot find anyone in my county that will work without a retainer as a consultant while i represent self .
A couple of questions
1)Does it matter what county they are in ?
2) if husband files will judge be sensitive to fact that I am willing but needed time and push us to mediate rather than just sell off everything?
3) If I have to stand before a judge and explain that I do not have representation because I do not have monies and to do so would take money away from my son ie paying mortgage , food and shelter . Will a judge be sensitive to that and treat me fairly ? Or am I basically screwed because he has representation and I do not ?
4) will a judge review income again if spouse is found to be unable to pay but then has a sudden increase in income ? If so how often can it be reviewed ?
5) what exactly can he file for while we are under same roof ? Divorce from bed and board only ? And does that cover ED or is that filed separately after one spouse is removed
^) do judges always kick one spouse out or only if it is SOOOO Bad to Live with that person ? If the house is severely underwater will judge ordered sold or can one spouse still get the house ?
It does not matter what county your attorney is in, so long as they have agreed to take your case.
Some counties require mediation before a full trial, but there may be temporary hearings prior to mediation.
I judge will not prolong a case indefinitely to enable you to obtain an attorney.
I do not understand your 4th question, but I think you may be asking if alimony is modifiable, and the answer is that it depends on how it is structured.
Your spouse can file for divorce from bed and board and a moiton for return of separate property. ED would be filed after you are separated.
Judge’s can order folks out of the home, and will allow a party to keep the home so long as doing so does not hurt the other party by damaging their credit.